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Lenders 360

Tag Archives: Recourse Carveout

Even More Bad Boy Liability Events: My List of Liability for Lender’s Losses or Damages

By Keith Mullen on Posted in Good Times for Lenders, Guaranty Issues, Remedies

In addition to the events that create “full recourse” liability (for the entire loan), bad boy liability also includes losses or damages incurred by the Lender based upon another list of “bad” events or triggers.  I’m sure that Jim Wallenstein will cover this at his presentation during the University of Texas Mortgage Lending Institute. Like… Continue Reading

The List of “Bad Boy” Recourse Liability Events Keeps Growing: My “Roll Up” Version

By Keith Mullen on Posted in Good Times for Lenders, Guaranty Issues, Remedies

Several months ago, I mused that, due to the conservative trending of commercial real estate lending, the list of “bad boy” exceptions (to a “no personal liability” deal) could be viewed as a full recourse deal.  In other words, the exceptions to “no liability” could be so expansive or long, the practical reality equates to… Continue Reading

List & Links to “HOTTEST” Topics on L360 Point To: new lending, bad loans & iPad tips

By Keith Mullen on Posted in Articles, Good Times for Lenders, Technology (including Green Buildings), Tough Times for Lenders

My latest resolution is to be better at giving lists of the “hottest” or top topics on L360 – as selected by you. It gives me a rough sense of the direction we’re heading. The summer 2012 list now has several topics on “positive” lending issues, which reflects the general up-tick that I’m seeing in… Continue Reading

Lessons Learned: Loan Documents Could Include These New Recourse Events

By Keith Mullen on Posted in Good Times for Lenders, Market Trends, Remedies, Technology (including Green Buildings)

I’m keeping a list of "lessons" learned about loan documents, as I deal with all of these distressed commercial real estate loans.  It is a topic sometimes covered in various conferences. One danger in adding all of the "lessons learned" from these dark days into the the loan documents is this: loan documents will be… Continue Reading

Get Ready For This Workout Rubric: Electronic Leasing + (Green Building or Smart Building) + Social Networking = ???????

By Keith Mullen on Posted in Remedies, Technology (including Green Buildings), Tough Times for Lenders, Workout Issues

Here’s a rubric that will jump out of your distressed investments and keep you awake every night this week (even if you’re a hard-core, experienced special asset manager): green buildings any building with heavy use of technology in its operating systems (a "smart building" – but not a "green building") on-line (internet) leasing (referred to as… Continue Reading

Non-Recourse Loan: How About Some Recourse In A Deed In Lieu?

By Keith Mullen on Posted in Remedies, Tough Times for Lenders, Workout Issues

We’re handling more and more deed in lieu agreements, typically in these situations: state foreclosure process is very, very long (such as Florida, where judicial foreclosures clog up the courts) the parties desire to avoid publicity (in that a DIL will not hit the papers) states where the borrower has a redemption right after foreclosure… Continue Reading